Terms & Conditions

Terms & Conditions

Web Design Lanarkshire is a trading name of UK Management & Admin Services Ltd. These Conditions set out the terms under which Web Design Lanarkshire will provide Services to the Client.  Agreement to any quote, purchase or proposal provided by Web Design Lanarkshire acknowledges acceptance of the terms laid out on this page.

PLEASE SEE SECTION 15 FOR INFORMATION ON WHAT IS INCLUDED AND WHAT IS NOT INCLUDED WHEN YOU BUY A WEBSITE USING THE OUR ONLINE SHOP

 

01. Interpretation

The "Buyer" means the person, firm, company, organisation or individual with whom the Contract is made.

The "Contract" means the Contract between Web Design Lanarkshire and the "Buyer" for the sale of the "Design Services," "Client Support" and the "ISP Services" of which these terms and conditions are part. All written / oral statements and representations are superseded by "The Contract", unless inclusions or exclusions of terms contained herein are specifically varied by Web Design Lanarkshire in writing.

"Design Services" means Identity Design, Web Design and Site Promotion services.

"ISP Services" means Web Hosting, E-mail Accounts and Connection Accounts.

"Client Support" means support services.

 

02. Acceptance of Order and expiry date

The "Buyer" by placing an order or purchases a web site using our online e-commerce web site for the Service, confirms their acceptance of "The Contract" and agrees to be bound by "The Contract".

No binding Contract shall be created by the acceptance on the part of the "Buyer" of a quotation or offer made by Web Design Lanarkshire until notice of the acceptance of the order in writing shall have been given by Web Design Lanarkshire.

Web Design Lanarkshire reserves the right to accept or reject any order offered by the "Buyer".

 

03. The Contract and its acceptance

Web Design Lanarkshire is entitled to update "The Contract" and the "Buyer" by placing an order for the Service agrees to be bound by any "Contract" revisions after their implementation date. Web Design Lanarkshire commits to communicate such changes 7 days prior to implementation. The "Buyer" is responsible for reviewing regularly the terms.

"The Contract" shall always prevail in the event of conflicts between the Contract and any other document.

 

04. Commencement

Prior to commencement of "Design Services", Web Design Lanarkshire requires a signed hardcopy order from the "Buyer" and a deposit of 50% of the total project cost.

Web Design Lanarkshire will make every effort to ensure "ISP Services" commence within 24 hours from receipt a signed hardcopy order from the "Buyer".

 

05. Prices

All "Design Services" prices quoted by Web Design Lanarkshire are based on site content agreed at time of order.

After receipt of the "Buyers" signed purchase order, or online sale confirmation, Web Design Lanarkshire  reserves the right to revise the original quotation where alterations to content or specifications are made by the "Buyer" and not covered by the "Buyers" original signed purchase order.

All prices quoted by Web Design Lanarkshire are exclusive of VAT.

 

06. Design Services

While the "Buyer's" "Design Services" is in development by Web Design Lanarkshire, Web Design Lanarkshire commits to make available at all times all work in progress.

The "Buyer" agrees to use this facility for review purposes only. All services, development, design and material, graphic or otherwise, supplied or generated by Web Design Lanarkshire remain Web Design Lanarkshire’s copyright until the final invoices have been paid in full by the "Buyer".

On completion of the "Buyer's" "Design Services", the "Buyer" will be required by Web Design Lanarkshire to sign and return a project completion approval form.

On receipt of full payment of final invoices, Web Design Lanarkshire will upload the "Buyer's" website to the agreed Domain hosting location. At this time the Website's title and ownership will transfer to the Buyer. For Identity Design Services, ownership will transfer to the Buyer on delivery.

 

07. Copyright

Web Design Lanarkshire reserves copyright on all materials and designs and forbids the "Buyer" to pass such materials and designs to a third party or associated business without first seeking Web Design Lanarkshire permission and agreement.

Any third party copyright materials used by Web Design Lanarkshire on behalf of the "Buyer" cannot be used by the "Buyer" without first seeking the third parties permission or agreement.

If the "Buyer" supplies Web Design Lanarkshire with text, photography, artwork, animations, brochures, information or material of any kind, Web Design Lanarkshire will not at any time be responsible whatsoever in regard to copyright, errors or omissions faults or subsequent damages. This also includes that supplied by software, discs or electronic transfers if supplied by the "Buyer" to Web Design Lanarkshire for publishing to the Internet.

The "Buyer" must indemnify Web Design Lanarkshire against third parties suffering subsequent faults and damages caused to hardware, software programs, or such damages as loss of production and earnings, due to materials supplied by the "Buyer" for use by Web Design Lanarkshire.

Web Design Lanarkshire will not be held responsible for establishing 'Rights of Usage' on any materials supplied by the "Buyer".

 

08. Cancellation

On receipt of the Buyer's signed purchase order and 50% deposit, the project is deemed started. After this point cancellation by the "Buyer", would result in the "Buyer's" 50% deposit becoming non-refundable.

On receipt of cancellation, if it is deemed by Web Design Lanarkshire that more than 50% of the project has been completed, the "Buyer" agrees to pay Web Design Lanarkshire the difference between the deposit and the completed work.

The buyer may by written request to Web Design Lanarkshire cancel or stop any and all plans, schedules or work-in progress and Web Design Lanarkshire shall take all reasonable steps to comply provided that Web Design Lanarkshire can do so within its contractual obligations to suppliers and other third parties.

In the event of any cancellation of works by the Customer Web Design Lanarkshire shall be entitled to recover from the Customer any external and internal charges or expenses incurred on the Customer’s behalf and to which Web Design Lanarkshire is committed and the Company’s fees covering the work already carried out on behalf of the Customer or 30% of the contract value whichever is the greater.

Web Design Lanarkshire may request amendments to the original specification and Web Design Lanarkshire will use its best endeavours to comply with the Customer’s request. In these circumstances Web Design Lanarkshire reserves the right to adjust the price of the Products and Services to reflect the amendments.

In the event of cancellation to a “Contract” such as “Design Box” the customer must give one month’s notice in writing to stop its contractual obligations, at such point the Company shall be entitled to recover from the Customer all outstanding monies due plus 30% of the remaining contract value.

 

09. Payment

Web Design Lanarkshire reserves the right to cease "Design Services", suspend "ISP Services" or remove the "Buyer's" web site from view, if at such time there is dispute or delay over an agreed payment.

Before commencement of any Design Services, Web Design Lanarkshire requires in their possession from the "Buyer" 50% of all "Design Services" and associated "ISP Services" costs. The 50% is paid as a deposit of services and is non refundable.

Before the "Buyer's" completed Website can be published to the Internet, Web Design Lanarkshire will require from the "Buyer" the receipt of the remaining amount of all Website and Associated "ISP Services" costs.

When the “Buyer” purchases a website, domain and ISP services online payment is collected at point of sale.

 

10. Domain Name Registration

Web Design Lanarkshire supplies and offers Domain Name Registration in all good faith and advises the "Buyer" that Web Design Lanarkshire will not be held responsible for any claims, damages, penalties and expenses arising from any third party allegations that the registered Domain Name infringes any rights owned by such third parties.

 

11. Legal

11.1 Liability

It is the responsibility of the Buyer to be familiar with the relevant data protection and privacy laws and recognises that the "Supplier" has no control or influence over e-mail content processed by the "ISP Service." The "Buyer" shall hold Web Design Lanarkshire harmless from and indemnify Web Design Lanarkshire against any claims by any party relating thereto.

Web Design Lanarkshire  shall be under no liability for any loss or damage (whether direct, indirect, incidental or consequential) howsoever arising, which may be suffered by the "Buyer" in relation to "Design Services" and "ISP Services" beyond the equivalent of one month’s charge to the "Buyer".

Nothing in this Contract shall affect the liability of Web Design Lanarkshire for death or personal injury caused by its negligence.

If any exclusion, disclaimer or other provision contained in this Contract is held to be invalid for any reason by a court of competent jurisdiction and Web Design Lanarkshire becomes liable thereby for loss or damage that may lawfully be limited, such liability whether in contract, tort (including negligence) or otherwise, will not exceed the total charges paid by the Buyer in the 12 months preceding such liability arising.

11.2 Force Majeure

Web Design Lanarkshire shall not be liable for any failure to perform the Contract due or principally due to any circumstances beyond its control including but not limited to inability to secure labour, materials, supplies or transport, scarcity of fuel power or components, breakdowns in machinery, fire, storm, flood or Act of God, war, civil disturbance, strikes, lock-outs and industrial action in whatsoever form.

 

11.3 Governing Law

These Terms and Conditions and any questions, disputes or other matters relating to them shall be governed by and determined in accordance with the laws of Scotland and any disputes shall be heard in the Courts of Glasgow. 

 

11.4 Confidential Information

Parties hereby undertake to each other to keep confidential all information (written or oral) concerning the business and affairs of the others that they shall have obtained under the Contract or which it has been advised is confidential in nature save that which is trivial or obvious or already in its possession other than information in the public domain or information relating to outstanding invoices which remain unpaid by the Customer.

The Parties shall use best endeavours to prevent disclosure of confidential information in accordance with this clause.

 

11.5 Websites excluded by Web Design Lanarkshire

. Web Design Lanarkshire will not create, host or build web sites of a sexual nature or which promote violence or hate or engage in any illegal activity, any site which has been set up legally and then engages in any of the above will be shut down and the hosting terminated with immediate effect and there will be no compensation paid to the buyer.

 

12. Search Engine Submission

Web Design Lanarkshire will make every effort to ensure the "Buyer's" site is submitted to the agreed Search Engines but will not be held responsible for poor ranking or non appearance.

13. Links to Third Party Websites

The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.

 

14. Advertising

The "Buyer" agrees to allow Web Design Lanarkshire to submit a small and discreet advertisement

 

15. What is included and what is not included when you make a purchase using the online shop in our Web Design Lanarkshire web site.

15.1 What you get

You get and online shop or web site which will be based on a template which you will have picked from one of our categories and this will attached to an online database which will allow the buyer to make change to the online shop or web site as they see fit.  The online shop or web site which you purchase have some restrictions on what can be changed with regard to design and outlay as these site are built using a database which will cannot change every section of the online shop or web site.  If the online shop or web site were to be designed and created on a individual basis there would be a cost of several thousand pounds for an online shop and over £1000 for a website with a content management system.  We offer customers the template web sites in our categories which we then attach to an online data base which enable the buyer to be able to log in and edit their website as easily as you would edit a face book site (10 pages are include for the small business or corporate web sites any further pages can be added by the buyer once shown in the 1 hour training session).  Once you have logged on you can add pages at the click of a button and add new categories or products at the click of a button and with the online shops you can process the sales and generate reports on all activity.  For websites the database allows the uploading of images, adding new pages and customising the design along with changing SEO options.

Web Design Lanarkshire will do the following for online shops:

  1. Provide a domain name as close to the preferred domain name which you have requested, once the buyer has agreed to this domain via email. .co and .com are free.
  2. Provide a Platinum web hosting package (includes Unlimited Web Space: Unlimited Bandwidth, 100 Databases, Unlimited  Mailboxes)   free for 1 year and after the first year the package will be charged  at  £120 per year by Low Cost Web Hosting UK.
  3. Web Design Lanarkshire will set up 20 email accounts and auto responders with a forwarding option for the buyer on completion of the online shop and if the buyer wants more email accounts set up we will show the how to add email accounts on their own
  4. We will set up your online shop with up to 10 pages (Including text and images) such as home page, contact us, terms, privacy policy, about us, information pages, etc and we will also show the buyer how to add or delete pages at the click of a button using the online database.
  5. Web Design Lanarkshire will create up to 30 categories with sub categories and will provide training in how to put the required information into the categories and sub categories and show the buyer how to add these to the online shop. All categories will appear on separate pages and these pages are automatically created by the database as soon as a new category is added.
  6. Web Design Lanarkshire will put on 10 products which will be linked to either categories or sub categories and upload product images and provide training to the buyer so the buyer can add and delete products and prices as and when required.
  7. All products will appear on their own page and this page is automatically created by the database when a product is added.
  8. Online shop sites will have login for individual customers where they can create an account and manage their purchases
  9.  Training will be given as to how to manipulate how your site appears in the rankings.
  10. Web Design Lanarkshire will submit your online shop to Google using our Google account to get you on the Google rankings within 2 -4 weeks.  Please note Google can take up to 6 months to rank a website but we have been able to do this within 2 weeks on most occasions.
  11. If the buyer purchases online traffic generators they will be activated as soon as your web site is finished and these are provided by Low Cost Web Hosting UK.
  12. Web Design Lanarkshire will set up your method of accepting payments for your sales and we recommend using Pay Pal as this is the most recognised brand and Pay Pal also accepts credit or debit card payment from customer who does not have a Pay Pal account.  We can advise on how to set up a Pay Pal account and this is a very easy process and as soon as Pay Pal has been set up we will link it to your online shop and you will be able to accept payments immediately.  Pay Pal have limits on how much money can be put through the account until the account has been verified which can take between 7-14 days.
  13. These are the full list of companies that can be used to accept payment or payment methods -  Free Checkout, LIQPAY Moneybookers, NOCHEX, Paymate, PayPoint, Perpetual Payments, PayPal Website Payment, Pro PayPal, Website Payment Pro (UK), PayPal Standard, AlertPay, Authorize.Net (AIM), Bank Transfer, Cheque / Money Order, Cash On Delivery, WorldPay,  SagePay (US), SagePay, Direct SagePay
  14. Online shops will be completed within 7 days of the online purchase and a maximum of 14 days must be allowed in some case but all web sites will be started immediately and our target is 3 days on all sites providing the buyer provides all the necessary information required.
  15. One hour of online training will be provided over the telephone or using Skype desktop viewer which is a free download to enable the buyer to become proficient in using the database which controls the online shop. In most cases one hour of training is sufficient for most people to understand how the online database allows the buyer to add delete products, categories, Pages, make changes to prices, amend text, add images, change logos, generate reports and process sales. 
  16. The object is to enable the buyer to have a low cost online shop where the buyer can run the shop with only a basic knowledge of IT.
  17. Help and Support is provided by email or further training hours via telephone or Skype desktop viewer are charged at £30 per hour ex vat.
  18. The buyer (the web site owner)  can create thousands of categories and product pages using the online database.

 

Web Design Lanarkshire does not include the following for online shops:

 

  1. Additional pages - 10 Web site pages of text and images will be created along with up to 30 categories  and 10 products pages and any more pages, categories or products will have to be generated by the buyer using the online database for which training will be provided.
  2. After 12 months web hosting must be paid to Low Cost Web Hosting UK at the rate of £120 per year for the Platinum hosting package
  3.  Domain name renewals for .co .com are included for free with the Platinum hosting package other variants are charged for renewal which are either yearly or every 2 years.
  4. Once the information has been handed to Web Design Lanarkshire, an online shop shall be built and the buyer will have up to 14 days to provide the details for accepting payments such as Pay Pal and we will advise on setting up PayPal accounts only. 
  5. If the buyer requires Web Design Lanarkshire to create more pages or add more products or categories than the amount stated above, this will be done and charged at the rate of £30 per hour.
  6. If the buyer requires changes to be made to information that they have provided due to either changes or mistakes made on the buyers part then this will be charged at the rate of £30 per hour ex vat.
  7. Immediate help and support is charged at £30 per hour and for any minor enquires we recommend that the buyer send an email to site support which is free and queries will be answered via email for free and a 24 hour response during weekdays is our goal.

16  Web Hosting

All web hosting will be provided by http://lowcostwebhostinguk.co.uk/ and the terms of the web hosting are by http://lowcostwebhostinguk.co.uk/ where a login will be provide if you require access to a web hosting control panel.  You can order and pay for domain names and web hosting with a login. 

END OF TERMS AND CONDITIONS

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